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Introduction
Not all states offer a recount process in the case of close elections. In some states, a defeated candidate’s only remedy is to contest the result of the election in court. Twenty states and the District of Columbia provide for automatic recounts, which are conducted if the margin between the top two candidates is within certain parameters. In other states, a losing candidate or a voter may request a recount. Below are the thresholds for states with automatic recounts.
Requesting a Recount
- 43 states and the District of Columbia permit a losing candidate, a voter, a group of voters or other concerned parties to petition for a recount. (Arizona, Connecticut, Florida, Hawaii, Mississippi, South Carolina, Tennessee and the District of Columbia do not; New York only permits recounts for village elections.)
- In a few states, the vote totals for the top two candidates must be within a specified margin in order for the losing candidate to be able to request a recount. For example, in Idaho, a candidate may petition for a recount if the difference between the requesting and winning candidates is less than 0.1 percent of the total votes cast for the office.
- In at least five states, a political party officer can request a recount, and in at least 17 states, a voter can petition for a recount.
Recount Costs
In most of the states that permit a candidate or other interested party to demand a recount, the petitioner is required to pay a deposit toward the cost of conducting the recount. If the recount reverses the result of the election, that person’s deposit is refunded. If the recount does not change election results, the petitioner is required to pay most of the costs associated with the recount. Automatic recounts are paid for by the state or county that conducts the recount.
Automatic Recounts
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State
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Trigger Margin
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Alabama
Ala. Code § 17-16-20
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Less than 0.5% of votes cast for the office or measure
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Alaska
Alaska Stat. §15.20.430
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Tie vote
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Arizona
Ariz. Rev. Stat. § 16-661
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Less than or equal to the lesser of the following: (1) 0.1% of votes cast for both candidates; (2) 200 votes if more than 25,000 votes were cast; or (3) 50 votes if 25,000 or fewer votes were cast.
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Colorado
Colo. Rev. Stat. § 1-10.5-101 et.seq.
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Less than or equal to 0.5% of highest vote cast in the contest
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Connecticut
Conn. Gen. Stat. §9-311a
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Less than 0.5% of total votes cast for office but not more than 2,000 votes; or margin of less than 20 votes
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Delaware
Del. Code tit. 15, §5702(e)
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Absentee ballots are recounted if the number of votes separating the top two candidates is 1,000 (in a statewide contest) or 0.5% (in any contest) of all votes cast for the two candidates, whichever is less
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District of Columbia
D.C. Code § 1-1001.11
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Less than 1% of the total votes cast for office
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Florida
Fla. Stat. §102.141(7)
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0.5% or less of votes cast for office or issue
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Michigan
Mich. Comp. Laws §168.880a
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2,000 votes or less for statewide elections
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Nebraska
Neb. Rev. Stat. §32-1119
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1% or less of the votes received by the candidate with the most votes, if more than 500 votes were cast; or
2% or less of the votes received by the candidate with the most votes, if 500 or fewer votes were cast
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New Mexico
N.M. Stat. Ann. § 1-14-24
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0.25% of total votes cast (for federal or statewide office) or less than 1% of the total votes cast (for any other state office, including state legislators). |
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North Dakota
N.D. Cent. Code §16.1-16-01
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Primary –1% or less of highest vote cast for that office
General –0.5% or less of highest vote cast for that office
Ballot Measures -- 0.25% or less of total vote cast for measure
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Ohio
Ohio Rev. Code Ann. § 3515.11
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0.25% or less for statewide office
0.5% for other offices
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Oregon
Or. Rev. Stat. §258.280
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Tie vote, or not more than 0.2% of total votes cast for top two candidates
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Pennsylvania
Pa. Cons. Stat., tit. 25, § 3154
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0.5% or less for a candidate for public office which appears on the ballot in every district in the Commonwealth |
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South Carolina
S.C. Code §7-17-280
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Less than 1% of total votes cast for the office
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South Dakota
S.D. Codified Laws Ann. §12-21-16
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Tie vote
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Texas
Tex. Elec. Code §216.001
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Tie vote
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Washington
Wash. Rev. Code §29A.64.021
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Less than 2,000 votes and also less than .5%
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Wyoming
Wyo. Stat. §22-16-109
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When the difference in number of votes cast for the winning candidate receiving the least number of votes and the number of votes cast for the losing candidate receiving the greatest number of votes is less than 1% of the number of votes cast for the winning candidate receiving the least number of votes cast for that offic
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